Gaius, On the Provincial Edict, Book XIII. A noxal action is granted not only against a possessor in good faith, but also against those who have possession in bad faith; for it seems absurd that parties who are bona fide possessors should be compelled to defend an action, and that depredators should be secure.

Gaius, On the Provincial Edict, Book XIII. Where the legatees have been placed in possession of the property of an estate against me, on account of having given bond for the payment of the legacies, and my agent or anyone else has furnished security in my name, the Prætor can grant me an interdict on this ground, by which the legatees will be ordered to relinquish possession, just as if I myself had given security.

Gaius, On the Provincial Edict, Book XIII. They also are included under the term farmers of the revenue who lease the income from salt pits, quarries, and mines belonging to the State. 1This Edict also applies to one who leases from the government the collection of taxes from a municipality. 2He who has a number of seditious slaves employed will be liable for the acts of one of them, if he should sell or manumit him, or even if the slave should take to flight. 3But what must be done if the slave should die? Let us see whether the farmer of the revenue will be responsible, as for his own act. I think that he should be released from liability, as he had not the power of producing the slave, and was not guilty of fraud. 4We grant this action as perpetual, and it will pass to the heir and other successors.

Gaius, On the Edict, Book XIII. There are two kinds of theft: manifest and non-manifest.

Gaius, On the Provincial Edict, Book XIII. What a non-manifest theft is readily becomes apparent; for what is not manifest for this very reason is non-manifest.

Gaius, On the Provincial Edict, Book XIII. For if the cattle should precipitate themselves from some elevation, an equitable action for wrongful damage will be granted as under the Aquilian Law.

Gaius, On the Provincial Edict, Book XIII. If a creditor makes use of a pledge he is liable for theft. 1The opinion has been given that a person who has received something for his own use, and lends it to another, is guilty of theft. Hence, it is sufficiently apparent that a theft is committed, even if anyone uses the property of another for his own advantage, and it makes no difference for it to be said that he does not act with this end in view. For it is one kind of pecuniary profit to give away someone else’s property; and another to acquire for ourselves an obligation on account of the resulting benefit. Hence he is guilty of theft who secretly removes an article for the purpose of giving it to another. 2The Law of the Twelve Tables does not permit a thief, who is caught stealing by day, to be killed, unless he defends himself with a weapon. By the term “weapon” is meant a sword, a club, a stone, and finally everything which can be used for the purpose of inflicting injury. 3As the action for theft has reference to the pursuit of the penalty, while the personal action and that for the recovery of the property are employed for the latter purpose, it is evident that if the property is recovered, the right of action for theft will remain unimpaired, but that those of the other two actions will be extinguished; as, on the other hand, after the penalty of double or quadruple damages have been paid, the right to bring suit for the recovery of the property, and that of the personal action, will remain unimpaired. 4Anyone who knowingly lends tools to break open a door or a closet, or knowingly lends a ladder for the purpose of climbing, even though, in the beginning, he gave no advice for the commission of a theft, will still be liable to an action for theft. 5If a guardian who administers the affairs of his trust, or a curator, makes a compromise with a thief, the right of action for theft is extinguished.

Gaius, On the Provincial Edict, Book XIII. If, a short time before the freedom granted takes place, the slave should secretly remove some article, or spoil it, the ignorance of the owner does not authorize this action; and therefore, although the heir may have no information whatever that the slave is to be free under a condition, or any other master may not be aware that property has been appropriated or spoiled by his slave, he cannot avail himself of any action after the slave has once obtained his freedom, although in many other cases just ignorance may be alleged as an excuse.

Gaius, On the Provincial Edict, Book XIII. When a tenant cuts down trees, suit can be brought against him under the lease; but it is clear that the plaintiff should be content with a single action.

Gaius, On the Provincial Edict, Book XIII. Where several slaves together have beaten someone, or have raised a tumultuous clamor against him, each of them, individually, is guilty of the offence, and the injury is all the greater, since it was committed by slaves; and, indeed, there are the same number of injuries as there are persons responsible for them.